alea-institute/kl3m-data-sample-004-shuffled huggingface dataset:
* Pursuant to 5 TH C IR . R. 47.5, the court has determined that

this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR . R. 47.5.4. United States Court of Appeals

Fifth Circuit 

## FILED December 14, 2005 Charles R. Fulbruge III Clerk IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 05-10335 Conference Calendar

RIGOBERTO RODRIGUEZ, Petitioner-Appellant,

versus DAN JOSLIN, Respondent-Appellee.

-------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 3:04-CV-2202-G

-------------------- Before KING, Chief Judge, and HIGGINBOTHAM and SMITH, Circuit Judges.
PER CURIAM: * Rigoberto Rodriguez, federal prisoner # 30916-077, appeals the denial of his 28 U.S.C. § 2241 petition. He argues that his sentence is invalid in light of Blakely v. Washington , 542 U.S. 296 (2004), and United States v. Booker , 125 S. Ct. 738 (2005). Rodriguez’s argument is directed toward a sentencing error; such an argument may not be brought under 28 U.S.C. § 2241. See Padilla v. United States , 416 F.3d 424, 425-26 (5th Cir. 2005). Rodriguez’s argument that he is entitled to proceed under 28 U.S.C. § 2241 based on the savings clause of 28 U.S.C. § 2255No. 05-10335 -2- because relief under that section is “inadequate or ineffective” is unavailing. See id. at 427 (holding that a claim under Booker does not fit within the savings clause of 28 U.S.C. § 2255). The judgment of the district court is AFFIRMED.
Exhibit 10.29









THIRD AMENDMENT TO SEPARATION AGREEMENT



This Third Amendment to the Separation Agreement
(this “Third Amendment”) is effective as of the 1st day of January, 2018, between Enzon Pharmaceuticals, Inc., a Delaware
corporation, with offices in Cranford, New Jersey (the “Company”), and Andrew Rackear (the “Executive”).



BACKGROUND



A.     This
Third Amendment constitutes the agreement between the Company and the Executive concerning certain terms set forth in the Separation
Agreement entered into between the Company and the Executive dated September 27, 2013, as amended on January 1, 2016 and March
31, 2016 (the “Separation Agreement”).



B.      The
Company desires to continue to ensure that it can rely on the services of the Executive.



C.      The
Executive desires to continue to provide services to the Company.



TERMS



In consideration of the foregoing premises
and for other good and valuable consideration, the Company and Executive agree as follows:



1.       The
fee set forth in paragraph 1 of the Separation Agreement is changed from $285 per hour to $300 per hour.



2.       All
other terms and conditions shall remain the same.



IN WITNESS WHEREOF,the parties hereto
have executed this Amendment as of the date first set forth above.



| | ENZON PHARMACEUTICALS, INC.
| | ---------------------------
| |                            
| |                            
| | /s/ Jennifer McNealey      
| | By: Jennifer McNealey      
| | Dated: November 29, 2017   
| |                            
| |                            
| | /s/ Andrew Rackear         
| | ANDREW RACKEAR             
| | Dated: November 29, 2017
Exhibit 32.2

Chief Financial Officer Certification (Section 906)


                            CERTIFICATION PURSUANT TO
                             18U.S.C.,SECTION 1350,
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002


         Pursuant to 18 U.S.C.  Section 1350 (as adopted pursuant to Section 906
of the  Sarbanes-Oxley  Act of 2002), I, the undersigned Chief Financial Officer
of Zkid Network Company, (the "Company"), hereby certify that, to the best of my
knowledge,  the  Quarterly  Report on Form  10-QSB of the Company for the period
ended June 30, 2003 (the  "Report")  fully  complies  with the  requirements  of
section  13(a)  or  15(d)  of the  Securities  Exchange  Act of  1934  and  that
information  contained in the Report fairly presents,  in all material respects,
the  financial  condition  and results of  operation  of the  Company.  A signed
original of this written statement  required by Section 906 has been provided to
the  registrant  and will be retained by it and furnished to the  Securities and
Exchange Commission or its staff upon request.


Dated August 12, 2003.                                 /s/ Jon Darmstadter
                                                       -----------------------
                                                       Chief Financial Officer
                                                       Jon Darmstadter
Independent Auditor's Report

Partners of
Presidential Towers

We have audited the accompanying balance sheets of Presidential Towers as of
December 31, 2004 and 2003, and the related statements of operations, changes in
partners' deficit and cash flows for the years then ended. These financial
statements are the responsibility of the Partnership's management. Our
responsibility is to express an opinion on these financial statements based on
our audits.

We conducted our audits in accordance with U.S. generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting
the amounts and disclosures in the financial statements. An audit also includes
assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation.
We believe that our audits provide a reasonable basis for our opinion.

In our opinion, the financial statements referred to above present fairly, in
all material respects, the financial position of Presidential Towers as of
December 31, 2004 and 2003, and the results of its operations and its cash flows
for the years then ended in conformity with U.S. generally accepted accounting
principles.


/s/ Altschuler, Melvoin and Glasser LLP

Chicago, Illinois
February 4, 2005
EXHIBIT 31. 1




CERTIFICATION
      PURSUANT TO


SECTION
      302 OF THE SARBANES-OXLEY ACT OF 2002











I,
      Guido
      DiGregorio, certify that:




1.
      I have
      reviewed this report
      on
      Form 10-K of Communication Intelligence Corporation;




2.
      Based
      on my knowledge, this report does not contain any untrue statement of a material
      fact or omit to state a material fact necessary to make the statements made,
      in
      light of the circumstances under which such statements were made, not misleading
      with respect to the period covered by this report;




3.
      Based
      on my knowledge, the financial statements, and other financial information
      included in this report, fairly present in all material respects the financial
      condition, results of operations and cash flows of the registrant as of, and
      for, the periods presented in this report;




4.
      The
      registrant’s other certifying officers and I are responsible for establishing
      and maintaining disclosure controls and procedures (as defined in Exchange
      Act
      Rules 13a-15(e) and 15d-15(e)) for the registrant and have:




(a)
      Designed such disclosure controls and procedures, or caused such disclosure
      controls and procedures to be designed under our supervision, to ensure that
      material information relating to the registrant, including its consolidated
      subsidiaries, is made known to us by others within those entities, particularly
      during the period in which this report is being prepared;




(b)
      Evaluated the effectiveness of the registrant’s disclosure controls and
      procedures and presented in this report our conclusions about the effectiveness
      of the disclosure controls and procedures, as of the end of the period covered
      by this report based on such evaluation ;




(c) Disclosed
      in this report any change in the registrant’s internal control over financial
      reporting that occurred during the registrant’s most recent fiscal quarter that
      has materially affected, or is reasonably likely to materially affect, the
      registrant’s internal control over financial reporting;




5.
      The
      registrant’s other certifying officer(s) and I have disclosed, based on our most
      recent evaluation of internal control over financial reporting, to the
      registrant’s auditors and the audit committee of the registrant’s board of
      directors (or persons performing the equivalent functions):




(a)
      All
      significant deficiencies and material weaknesses in the design or operation
      of
      internal control over financial reporting which are reasonably likely to
      adversely affect the registrant’s ability to record, process, summarize and
      report financial information; and




(b)
      Any
      fraud, whether or not material, that involves management or other employees
      who
      have a significant role in the registrant’s internal control over financial
      reporting.




Date:
      March 23, 2007






/s/
      Guido
      DiGregorio


Chairman,
      Chief Executive Officer
================================================================================

EXHIIBIT 32.1

                            CERTIFICATION PURSUANT TO
                             18 U.S.C. SECTION 1350
                             AS ADOPTED PURSUANT TO
                  SECTION 906 OF THE SARBANES-OXLEY ACT OF 2002

In connection with the quarterly report of Kodiak Energy, Inc. on Form 10-QSB
for the period ended June 301, 2006 as filed with the Securities and Exchange
Commission (the "Report"), each of the undersigned, in the capacities and on the
dates indicated below, hereby certifies pursuant to 18 U.S.C. Section 1350, as
adopted pursuant to Section 906 of the Sarbanes-Oxley Act of 2002, that:

         1. the Report fully complies with the requirements of Section 13(a) or
15(d) of the Securities Exchange Act of 1934; and

         2. the information contained in the Report fairly presents, in all
material respects, the financial condition and results of operation of the
Company.


Dated:  December 13, 2006          /s/ Mark Hlady
                                 ----------------------
                                 Name: Mark  Haldy
                                 Title: Chief Executive Officer

Dated:  December 13, 2006          /s/ Mark Hlady
                                 ----------------------
                                 Name: Mark Hlady
                                 Title: Chief Financial Officer























--------------------------------------------------------------------------------
EXHIBIT 32
                                                              ----------

                 TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC.

                          CERTIFICATION PURSUANT TO
                     18 U.S.C. SECTION 1350, AS ADOPTED
                       PURSUANT TO SECTION 906 OF THE
                         SARBANES-OXLEY ACT OF 2002


                 In connection with the Annual Report of Touchstone
Applied Science Associates, Inc. (the "Company") on Form 10-KSB for
the period ending October 31, 2003 as filed with the Securities and
Exchange Commission on the date hereof (the "Report"), I, Andrew L.
Simon, President and Director of the Company, certify, pursuant to
18 U.S.C. Section 1350, as adopted pursuant to Section 906 of the
Sarbanes-Oxley Act of 2002, that to the best of my knowledge:

          (1)     The Report fully complies with the requirements of
Section 13(a) or 15(d) of the Securities Exchange Act of
1934; and

          (2)     The information contained in the Report fairly presents,
in all material respects, the financial condition and
result of operations of the Company.

January 28, 2005                    /s/ ANDREW L. SIMON
                                    ------------------------

                                    President, Chief Executive Officer
                                    and Chief Financial Officer

          A SIGNED ORIGINAL OF THIS WRITTEN STATEMENT REQUIRED BY
SECTION 906, OR OTHER DOCUMENT AUTHENTICATING, ACKNOWLEDGING,
OR OTHERWISE ADOPTING THE SIGNATURE THAT APPEARS IN TYPED FORM
WITHIN THE ELECTRONIC VERSION OF THIS WRITTEN STATEMENT
REQUIRED BY SECTION 906, HAS BEEN PROVIDED TO TOUCHSTONE
APPLIED SCIENCE ASSOCIATES, INC. AND WILL BE RETAINED BY
TOUCHSTONE APPLIED SCIENCE ASSOCIATES, INC. AND FURNISHED TO
THE SECURITIES AND EXCHANGE COMMISSION OR ITS STAFF UPON
REQUEST.
Bureau of Labor Statistics

Series Id:

Series title:

Labor force status:

Type of data:

Age:

Years:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec

2001 10861 10919 10891 10870 10939 11008 11025 11072 11075 11116 11135 11139

2002 11144 11203 11258 11311 11427 11468 11487 11506 11560 11608 11627 11711

2003 11840 11897 11944 11982 12042 12083 12108 12140 12232 12235 12351 12384

2004 12384 12436 12406 12499 12572 12555 12651 12700 12745 12752 12713 12689

2005 12719 12760 12890 12947 12988 13036 13036 12990 12986 12997 13076 13073

2006 13135 13128 13255 13299 13358 13327 13373 13409 13450 13629 13713 13736

2007 13841 13875 14138 14175 14262 14352 14260 14424 14521 14623 14756 14842

2008 14866 14806 14833 14844 14782 14943 14983 15126 15267 15299 15373 15437

2009 15423 15516 15609 15605 15607 15714 15760 15846 15958 16007 16143 16279

2010 16297 16337 16398 16328 16443 16455 16495 16599 16737 16809 16986 17139

2011 17134 17144 17124 17162 17161 17294 17368 17354 17465

Civilian noninstitutional population

Number in thousands

60 to 64 years

2001 to 2011

Labor Force Statistics from the Current Population Survey

Original Data Value

LNU00000096

Not Seasonally Adjusted

(Unadj) Population Level - 60-64 yrs.

Source: Bureau of Labor Statistics Generated on: October 17, 2011 (10:52:41 AM)
Bureau of Labor Statistics

Annual

11004

11442

12103

12592

12958

13401

14339

15047

15789

16585

Source: Bureau of Labor Statistics Generated on: October 17, 2011 (10:52:41 AM)
# CIVI LAVIATIO NAUTHORIT Y Mailin g Address : P.O . Bo x2163 , Nationa lMai lCentr e Golde nGrov eRoad , Piarc o Republi c o f

Trinida d& Tobag o e-mail : ttcaa@tstt.net.t t website : iviviv.caa.gov.t t Admin . Tel/Fax : (868 ) 669-4302 : CATC : Te l (868 ) 642-333 0 Inap . Te l (868 ) 669^251/051 9 Sadar : Te l (868 ) 669-063 5 AIS : Te l (868 ) 669W12 8 TOME : Te l (868 ) 669-470 6 Fax : (868 ) 642-613 0 Fax : (868 ) 669-543 8 Fax : (868 ) 669^80 6 Fax : (868 ) 669-171 6 Fax : (868 ) 669-523 9 Ref . CAA/117/10/DGC

A Octobe r18 , 201 0 Mr . Pau l Gretc h Director , Offic e o fInternationa l Aviatio n Offic e o fth e Assistan tSecretar y Fo rAviatio n an d Internationa l Affair s U.S . Departmen to fTransportatio n 120 0 Ne wJerse yAvenue , S.W . WASHINGTON . D.C . 20';Q O 

## ' 0 e n X T . € ^

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Dea rMr . Gretch , Th e Trinida d an d Tobag o Civi l Aviatio n Authorit y(TTCAA ) hereb yconfirm s tha t i t consider s application s b yU.S . ai rcarrier s fo rapprova l t o operat e charter s t o an d fro m Trinida d an d Tobag o i n accordanc e wit h th e provision s o fth e Ma y1 , 201 0 a d referendu m Ai rTranspor t Agreemen tbetwee n th e Unite d State s an d Trinida d an d Tobago . Th e TTCA Awil l als o gran tapprova l fo rU.S . Ai rCarrier s t o operat e othe rcharter s betwee n Trinida d an d Tobag o an d thir d countrie s o n th e basi s o fcomit yan d reciprocity . Your s sincerely , TRINIDA D AN D TOBAG O CIVI LAVIATIO N AUTHORIT Y

Rames h Lutchmedia l Directo rGenera l o fCivi l Aviatio n 

# /Co * ZAJJ /
ARMED SERVICES BOARD OF CONTRACT APPEALS Appeals of

-- ) ) ASFA International Construction Industry )

and Trade, Inc. ) ) Under Contract No. FA5685-05-C-0004 ) APPEARANCES FORTHE APPELLANT: ASBCA Nos. 57773, 57880

Theodore P. Watson, Esq.

Watson & Associates, LLC Aurora, CO Wojciech Z. Kornacki, Esq.

Centre Law & Consulting LLC Vienna, VA APPEARANCES FORTHE GOVERNMENT: Jeffrey P. Hildebrant, Esq. Air Force Deputy ChiefTrial Attorney Lt Col Damund E. Williams, USAF Lori R. Shapiro, Esq. Christopher M. Judge, Esq. Lt Col Byron G. Shibata, USAF

Trial Attorneys ORDER OF DISMISSAL The dispute has been settled. The appeals are dismissed with prejudice. Dated: October 30, 2019 

### (

. -

# ~~! / 

## ~3'fEI>~ Administrative Judge Armed Services Board ofContract AppealsI certify that the foregoing is a true copy ofthe Order ofDismissal ofthe Armed Services Board ofContract Appeals in ASBCA Nos. 57773, 57880, Appeals ofASFA International Construction Industry and Trade, Inc., rendered in conformance with the Board's Charter. Dated:

2 PAULLA K. GATES-LEWIS Recorder, Armed Services Board ofContract Appeals
EXHIBIT 32.1

                    CERTIFICATION OF CHIEF EXECUTIVE OFFICER


         I, Shane Polson, have reviewed this quarterly report on Form 10-QSB of
Technol Fuel Conditioners, Inc.

1)       Based on my knowledge, this quarterly report does not contain any
         untrue statement of material fact or omit to state a material fact
         necessary to make the statements made, in light of the circumstances
         under which such statements were made, not misleading with respect to
         the period covered by this quarterly report.

2)       Based on my knowledge, the financial statements and other financial
         information included in this quarterly report, fairly present in all
         material respects the financial condition, results from operations and
         cash flows of the registrant as of, and for, the periods presented in
         this quarterly report.


                 By: /s/ Shane Polson                       DATE: March 14, 2006
                     ------------------------
                         Shane Polson
                         President, Acting Chief Operating Officer,
                         Treasurer, and Chairman
<PAGE>

                                                                    EXHIBIT 18.0

                      Independent Auditors' Preferability
                     Letter for Change in Accounting Method



March 28, 1997

Safeguard Health Enterprises, Inc.
505 North Euclid Street
Anaheim, California  92803

Gentlemen:

We have audited the consolidated financial statements of Safeguard Health
Enterprises, Inc. as of December 31, 1996 and 1995, and for each of the three
years in the period ended December 31, 1996 included in your Annual Report on
Form 10-K to the Securities and Exchange Commission and have issued our report
thereon dated March 28, 1997.  Note 1 to such consolidated financial statements
contains a description of your change during the year ended December 31, 1996 of
accounting for recognizing revenue relating to providing orthodontic health care
services.  In our judgment, such change is to an alternative accounting
principle that is preferable under the circumstances.



/s/ DELOITTE & TOUCHE  LLP

Costa Mesa, California
#### Huey Jaffie MANAHAN, Appellant, v. The STATE of Texas, Appellee.

No. 27870.

Court of Criminal Appeals of Texas.

Nov. 30, 1955.

No attorney on appeal for appellant.

Leon B. Douglas, • State’s Atty., Austin, for the State.

PER CURIAM.

The offense is unlawfully carrying a pistol; the punishment, a fine of $300.

The record on appeal contains no statement of facts or bills of exception. All proceedings appear to be regular, and nothing is presented for review.

The judgment is affirmed.
**EXHIBIT 32.1**

 

**CERTIFICATIONPURSUANT TO18 U.S.C. SECTION 1350AS ADOPTED PURSUANT TOSECTION 906 OF THE SARBANES-OXLEY ACT OF 2002**

 

In connection with this annual report on Form 10-K ofElectro Scientific Industries, Inc. (the Company) for the annual periodended May 28, 2005 as filed with the Securities and Exchange Commission onthe date hereof (the Report), I, Nicholas Konidaris, President and ChiefExecutive Officer of the Company, certify, pursuant to 18 U.S.C. § 1350,as adopted pursuant to § 906 of the Sarbanes-Oxley Act of 2002, that tothe best of my knowledge:

 

(1)       The Report fully complies with the requirements of Section 13(a) or15(d) of the Securities Exchange Act of 1934; and

(2)       The information contained in the Report fairly presents, inall material respects, the financial condition and results of operations of theCompany.

 

 
| /s/ NICHOLAS KONIDARIS           |   |
|---------------------------------------|--------|
| Nicholas Konidaris                    |
| President and Chief Executive Officer |
| July 26, 2005                    |

 

Thiscertification is made solely for the purpose of 18 U.S.C. Section 1350,and not for any other purpose.  A signedoriginal of this written statement required by Section 906 has beenprovided to Electro Scientific Industries, Inc. and will be retained byElectro Scientific Industries, Inc. and furnished to the Securities andExchange Commission or its staff upon request.

 

----
**UN PUBLISHED** 

UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT

**No. 11**  **- 2179** 

SHEILA MICHAEL , Plaintiff

- Appellant ,

v. MICHAEL J. ASTRUE, Commissioner of Social Security , Defendant

- Appellee

.

Appeal from the United States District Court for the District of Maryland , at Greenbelt

. Jillyn K. Schulze , Magistrate Judge. ( 8:09

- cv
- 02575

- JKS )

Submitted : April 19, 2012 Decided: May 8, 2012

Before GREGORY, AGEE, and DIAZ , Circuit Judges.

Affirmed by un published per curiam opinio n .

Sheila Michael, Appellant Pro Se. Alex Gordon, Allen F. Loucks, Assistant United States Attorneys, Baltimore, Maryland, for Appellee.

Unpublished opinions are not binding precedent in this circuit.2 PER CURIAM:
Sheila Michael appeals the magistr ate judge’s order
affirming the Commissioner of Social Security ’s decision to deny

Michael a period of disability insurance benefits. * We must uphold the decision to deny benefits if the decision is
supported by substantial evidence and the correct law wa s applied. See 42 U.S.C. § 405(g) (West Supp. 201 1 ); Johnson v.

Barnhart , 434 F.3d 650, 653 (4th Cir. 2005) (per curiam). We
have thoroughly reviewed the record and find no reversible
error. Accordingly, we affirm. See Michael v. Astrue , No.

8:09

- cv
- 02 575

- JKS ( D. Md. Sept. 26, 2011 ). We dispense with
oral argument because the facts and legal contentions are
adequately presented in the materials before the court and
argument would not aid the decisional process.

AFFIRMED

* Pursuant to 28 U.S.C. § 636(c ) (2006), the parties consented to proceeding before a magistrate judge.